End user agreement for BatchMarker
End-User Licence Agreement (EULA)
Important! Read the following terms carefully before installing, copying and/or using
BatchMarker (SOFTWARE). Installing, copying or using the product indicates your acceptance of
This SFSOFT End-User Licence Agreement (“EULA”) is a legal agreement between
you, the end user (either an individual or a single entity), and SFSOFT for the software
product identified above, which includes computer software and may include associated
media, printed materials, and “online” or electronic documentation (SOFTWARE).
By installing, copying, or otherwise using the SOFTWARE, you acknowledge that you
have read this EULA and that you understand it and agree to be bound by its terms.
This EULA becomes effective when you accept all the terms stated herein by choosing
the “I accept the terms of the licence agreement” declaration followed by the “Next”
command on your computer screen, and is binding for the entire period of the
The SOFTWARE is protected by the copyright laws of the Ukraine, international treaty
provisions, and the laws of the country of purchase or final use. You agree that this
EULA is enforceable like any written negotiated agreement signed by you. This EULA is
enforceable against you and any entity that obtained the SOFTWARE or on whose behalf
it is used.
If you do not agree with the terms of this EULA, do not use the SOFTWARE, select the
“I do not accept the terms of the licence agreement” declaration, and click “Cancel” to
quit the installation program.
This is a trial version. Anyone may use it during 15 days and for processing of 50
Following this test period or less, if you wish to continue to use BatchMarker (SOFTWARE), you must purchase it.
This SOFTWARE costs:
Price: 29.5$ for one copy of SOFTWARE
24.5$ from 2 till 10 copies of SOFTWARE
19.5$ from 10 till 100 copies
more than 100 copies of SOFTWARE - to be negotiated with SFSOFT
(Contact page - http://www.batch-photo-processing.com/support)
You can purchase this SOFTWARE following link:
You may obtain a refund of the amount you originally paid if you:
(i) Do not use the SOFTWARE, and
(ii) Return the SOFTWARE, including all of the above-mentioned documentation, media
and packaging, with the proof of payment, to the place where you bought the
SOFTWARE, within thirty (15) days starting from the date of purchase unless otherwise
stipulated by the laws of the country where you purchased the SOFTWARE or the return
policy of the seller from whom you purchased the SOFTWARE.
1) “SFSOFT” means private owner Goncharenko Dmitry Dmitrievich, Ukraine,
Cherkassy, 18000, Gagarina srt. 83, app. 16
2) “SFSOFT Group” means SFSOFT with all its affiliates.
“SFSOFT affiliate” means an entity that, directly or indirectly, through one or more
intermediaries, controls, is controlled by or is under common control of SFSOFT.
“You”, “your”, and “end user” refer to and includes any person and/or any entity that
obtained and use this SOFTWARE.
1. Grant of Licence
1.1. Subject to your compliance with the terms of this EULA, SFSOFT grants you a non-
exclusive limited right (the “Licence”) enabling you to use the SOFTWARE, including
all the images, photos, animations, audio and video components, music, text, and
additional applications incorporated into the SOFTWARE, as well as the accompanying
printed materials and all of the SOFTWARE copies solely as set forth below. All the
terms stated below apply both to the SOFTWARE as a whole and to all of its separate
2.1. SFSOFT represents, warrants and guarantees that it has the full right, power, legal
capacity, ability and authority to licence and distribute the SOFTWARE, including all the
images, photos, animations, audio and video components, music, text, and applications
incorporated into the SOFTWARE, as well as the accompanying printed materials and all
of the SOFTWARE copies.
2.2. All title and intellectual property rights in and to the content that is not contained in
the SOFTWARE, but may be accessed through use of the SOFTWARE, are the property
of the respective content owners and protected by the laws of the Ukraine, international
treaties, and the laws of the country of purchase or final use. This EULA does not grant
you any rights to such intellectual property.
2.3. The SOFTWARE contains valuable trade secrets and confidential information
belonging to SFSOFT and third parties and is protected by copyright, including, without
limitation, by the laws the Ukraine, United States Copyright Law, international treaty
provisions, and the applicable laws of the country of purchase or final use. Any use of the
SOFTWARE outside of or in contravention of the terms and conditions of this EULA
shall constitute a breach of SFSOFT`s and/or third party`s intellectual property rights and
shall be cause for the revocation of all rights to use the SOFTWARE granted to you
under this EULA.
2.4. You may make a one-time permanent transfer of this SOFTWARE only directly to
another end user. This transfer must include all of the SOFTWARE (including all
component parts, the media and printed materials, and any upgrades), and this EULA.
Such transfer may not be by way of consignment or any other indirect transfer. The
transferee of such one-time transfer must agree to comply with the terms of this EULA,
including the obligation not to further transfer this EULA and SOFTWARE. You must
uninstall the SOFTWARE from your computer or server in the case of such SOFTWARE
2.4.1. Any transfer of the SOFTWARE to a third party except as set forth in article 2.4 of
this EULA shall constitute a breach of this EULA, and you shall forfeit all rights to use
the SOFTWARE and receive technical support for the SOFTWARE.
2.5. This EULA does not grant you any rights in connection with any trademarks of
2.6 Reservation of Rights. SFSOFT reserves all rights not expressly granted to you in this
3. Using the SOFTWARE
3.1. If you are a company, a legal entity, a state body or a body of local self-government,
you may install the SOFTWARE only on one computer - either on a desktop computer or
on a portable (laptop) computer.
3.1.1. In the case of a network installation you may use the SOFTWARE within one local
area network only. You may install the SOFTWARE on your network server and from
the server you may install the SOFTWARE on an unlimited number of workstations,
provided that you use one copy of the SOFTWARE on one workstation at a time, unless
otherwise stipulated in a separate agreement with SFSOFT
3.2. If you are a private individual, you may install the SOFTWARE on two computers -
on one office computer and on one home computer, provided that you do not use the
SOFTWARE simultaneously on the office computer and on the home computer.
3.3. You may additionally install and use the SOFTWARE on the following devices:
· one handheld computer, and
· one smartphone, unless otherwise stipulated in your separate agreement with
3.4. You may simultaneously use the SOFTWARE on your desktop computer and on
your handheld computer or smartphone. Such use of the SOFTWARE does not constitute
a breach of articles 3.1. - 3.3 of this EULA.
3.5. If the name of the SOFTWARE contains the words “First Step”, please see Section
4. Dual-Media SOFTWARE
4.1. You may receive the SOFTWARE on more than one medium, including downloads
over the Internet. Regardless of the number of media you receive, you are only licensed
to use one copy of the SOFTWARE in accordance with Section 3 of this EULA.
5. End-User Databases
5.1. You may use the SOFTWARE to create your own databases and/or to connect third-
party databases not owned by SFSOFT if this feature is supported by the SOFTWARE.
5.2 If you use the SOFTWARE to create your own databases or to connect third-party
databases, SFSOFT disclaims any and all liability with respect to the intellectual property
rights of the third parties involved.
6. Redistribution of the SOFTWARE
6.1. Any redistribution of the SOFTWARE, except as described in article 2.4, is strictly
prohibited. Redistribution includes, but is not limited to, granting third parties access to
any components of the SOFTWARE in any form, renting, leasing, or lending the
7.1. You acknowledge that the SOFTWARE is protected from unauthorized copying
and/or use. You may not be able to exercise your rights to the SOFTWARE under this
EULA unless you activate your copy of the SOFTWARE. When you activate your copy
of the SOFTWARE, no personal information will be transmitted to SFSOFT. Activation
is completely anonymous. During activation, a unique parameter is created that represents
the configuration of your computer at the time of activation. The parameter does not
include any personal information, any information about software or data that may reside
on your computer, or any information about the specific make or model of your
computer. The parameter identifies the computer solely for the purpose of activation.
Together with the parameter, the name, serial number, version number, and interface
language of your copy of the SOFTWARE will be sent to SFSOFT. This information will
only be used to select the correct language and contents of the reply message to inform
you about the results of the activation procedure and will not be used for any other
7.2. All usage terms and limitations governing the use of the SOFTWARE are stated in
this EULA, unless otherwise stipulated in a separate agreement with SFSOFT.
7.3. You may not perform or make it possible for other persons to perform any activities
included in the list below.
7.3.1. Disassemble or decompile (i.e. extract the source code from the object code) the
SOFTWARE (applications, databases (including dictionaries), and any and all
SOFTWARE component parts), except, and only to the extent, that such activity is
expressly permitted by applicable law notwithstanding this limitation. If applicable law
permits such activities, any information so discovered must not be disclosed to third
parties to the extent that such non-disclosure is permitted by law, and you must promptly
disclose this information to SFSOFT. All such information shall be deemed as
confidential and owned by SFSOFT.
7.3.2. Modify, adapt, or translate the SOFTWARE, including making changes to the
object code of the applications and databases contained in the SOFTWARE, other than
those provided for by the SOFTWARE and described in the documentation.
7.3.3. Rent, lease, sublicense, assign, or transfer any rights granted to you by this EULA
and other rights related to the SOFTWARE to any other person, or allow all or any
portion of the SOFTWARE to be copied onto another computer, except as described in
article 2.4 of this EULA.
7.3.4. Make it possible for any person not entitled to use the SOFTWARE and working in
the same local area network or multi-user system as you to use the SOFTWARE.
7.3.5. Reproduce and/or replicate and/or distribute in paper form the dictionary databases
contained in the SOFTWARE.
7.3.6. Remove or obscure any copyright, trademark or patent notices that appear on the
SOFTWARE as delivered to you.
8. Technical Support
8.1. SFSOFT provides you with technical support services related to the SOFTWARE
(“Technical Support”) subject to the conditions of the current SFSOFT Technical Support
Policy published on the SFSOFT Web site (http://www.batch-photo-processing.com/support-
contact.php). SFSOFT reserves the right to make changes to its Technical Support Policy
at any time without prior notice.
8.2 Any supplementary software code provided to you as part of Technical Support is to
be considered as part of the SOFTWARE and is subject to the terms and conditions of
8.3. To be eligible for Technical Support, you may be required to provide SFSOFT with
information about the characteristics of your computer, as well as standard personal
details including your name, company name (if applicable), address, phone number, and
8.4. SFSOFT may use the above-mentioned information for its business purposes,
including, but not limited to, product support and development, provided that SFSOFT
does not utilize such information in any form that personally identifies you.
9. “Not for Resale” SOFTWARE
9.1. If the SOFTWARE is labelled “Not for Resale” or “NFR”, then, notwithstanding
other sections of this EULA, you may only use such SOFTWARE for demonstration,
assessment, verification or testing purposes.
10. SOFTWARE for Trial Purposes
10.1. If the SOFTWARE is labelled “Try&Buy”, “Trial” or “Demo”, then this section of
this EULA shall apply until such time that you purchase a licence for the full retail
version of the SOFTWARE. You acknowledge that the SOFTWARE has limited
functionality and/or functions for a limited period of time. The SOFTWARE is licensed
on an “as is” basis, solely as a demonstration model. If the SOFTWARE is a timeout
version, its functionality will be disabled or restricted after a designated period of time
following the installation, this period being specified in the SOFTWARE. Upon such
timeout date, the licence hereunder shall be terminated, unless extended by SFSOFT
upon your purchase of a full retail licence from SFSOFT.
11.1. If the SOFTWARE is labelled as an upgrade, you must be properly licensed to use a
product identified by SFSOFT as being eligible for the upgrade in order to use the
11.2. The SOFTWARE labelled as an upgrade replaces and/or supplements the product
that formed the basis for your eligibility for the upgrade.
11.3. Once you have installed the upgraded product, your previous EULA becomes null
and void. You acknowledge that any obligation SFSOFT may have with respect to the
previously used version of the SOFTWARE shall end upon the availability of the
11.4. You may only use the resulting upgraded product in accordance with the terms of
the EULA supplied with this upgraded product.
11.5. You acknowledge that any obligation SFSOFT may have to support the version of
the SOFTWARE being upgraded shall end upon the availability of the upgrade.
11.6. In order to use the SOFTWARE labelled as an upgrade, you must activate the
SOFTWARE in accordance with article 8.1.
11.7. During activation, SFSOFT may ask you to present proof that you own a valid
licence to one of the previous versions of the SOFTWARE labelled as eligible for the
11.8 SFSOFT provide free upgrades (“Minor versions”* of SOFTWARE) for registered users till publishing of next “Major version”** of SOFTWARE.
11.9 If you are registered user - you can register “Minor version”* of SOFTWARE using your Name and Serial number till publishing of the next “Major version”** of SOFTWARE.
11.10 New “Major versions”** of SOFTWARE are not free for registered or not registered users. You must purchase a new license to use “Major version”**.
*”Minor version”- versions of the SOFTWARE which contain fractional version numbers (example 1.2, 1.3, 1.4 etc.)
**”Major version”- versions of the SOFTWARE which contain whole version numbers (example 1.0, 2.0, 3.0, 4.0 etc.)
12. Corporate Version of the SOFTWARE
12.1. If the SOFTWARE is labelled as a “Corporate Version”, you may not use the
SOFTWARE without a separate written agreement with SFSOFT. This separate written
13.1. Unless otherwise agreed in a separate agreement between you and SFSOFT, this
EULA is effective until terminated.
13.2. Without prejudice to any other rights, SFSOFT may terminate this EULA if you fail
to comply with the terms and conditions of this EULA. In such an event, you must
destroy all copies of the SOFTWARE, all of its component parts, and uninstall the
13.3. You may terminate this EULA by destroying the SOFTWARE and accompanying
documentation and all copies thereof. Such termination does not relieve you of your
obligation to pay for the SOFTWARE.
13.4 Provisions 2.3, 2.5, 2.6, 7, 8, 11, 16.2 - 16.4, 17 - 19, 20.4, 21, and 22 shall survive
the termination of this EULA, howsoever caused, but this shall not imply or create any
continued right to use the SOFTWARE after termination of this EULA.
14. Warranties and Indemnifications
14.1. SFSOFT warrants that the media on which the SOFTWARE is furnished will be
free from defects in materials and workmanship under normal use for a period set by the
legislation of the country in which you purchased the SOFTWARE starting from the date
14.2. The SOFTWARE and any upgrades are being delivered to you “as is” and SFSOFT
makes no warranty of any kind. SFSOFT does not and cannot warrant the performance or
results you may obtain by using the SOFTWARE. Except for any warranty, condition,
representation, or term to the extent to which the same cannot or may not be excluded or
limited by law applicable to you in your jurisdiction, SFSOFT makes no warranties,
conditions, representations, or terms (express or implied whether by statute, common law,
custom, usage or otherwise) as to any matter, including without limitation non-
infringement of third party rights, merchantability, integration, satisfactory quality, or
fitness for any particular purpose, or that the SOFTWARE will carry no errors, meet your
requirements, or that the SOFTWARE will function properly when used in conjunction
with any other software or hardware, and the entire risk as to the quality and performance
of the SOFTWARE lies with you.
14.3. SFSOFT makes no warranties for any third party software products which may be
supplied with or within the SOFTWARE.
15. Limitation of Liability
15.1. In no event will SFSOFT be liable to you for any damages, business interruption,
loss of data or information of any kind, business or otherwise, claims or costs whatsoever,
or any consequential, indirect, incidental damage, or any lost profits or lost savings
resulting from and/or relating to the use of the SOFTWARE, or damages caused by
possible errors or misprints in the SOFTWARE, even if an SFSOFT representative has
been advised of the possibility of such loss, damages, claims or costs, or for any claim by
any third party. The foregoing limitations and exclusions apply to the extent permitted by
applicable law in your jurisdiction. SFSOFT`s sole and aggregate liability under or in
connection with this EULA shall be limited to the purchase price originally paid for the
SOFTWARE, if any. Nothing contained in this EULA limits SFSOFT`s liability to you in
the event of death or personal injury resulting from SFSOFT`s negligence or for the tort
of deceit (fraud). For further information, please see the jurisdiction-specific information
in Section 19 of this EULA.
16. Export Rules
16.1. The SOFTWARE shall not be exported or re-exported in violation of any export
provisions in the laws of the country in which this SOFTWARE was purchased or
otherwise acquired. In addition, you represent and warrant that you are not prohibited
under applicable laws from purchasing or receiving the SOFTWARE.
17. Governing Law
17.1. If the SOFTWARE was purchased in the United States, Canada, Mexico, Taiwan or
Japan, this EULA shall be governed by and